Senior employment agreements are about compensation that is earned but not yet paid — deferred bonuses, equity vesting, severance, change-of-control payments. When the company says one thing and the executive expected another, the contract and the unwritten history around it both get litigated.
What this practice area covers
Common executive-compensation disputes Dane handles
- Severance disputes — termination ‘for cause’ vs. ‘without cause’
- Deferred-compensation and equity-vesting fights, including IRC §409A timing issues
- Change-of-control and golden-parachute provisions
- Restrictive covenants embedded in executive agreements (see also Non-Compete & Non-Solicitation)
- Recoupment and clawback claims following restated financials or alleged misconduct
- Bonus and commission disputes — earned vs. payable
- Confidentiality and non-disparagement enforcement and defense
Approach
Read the contract — and the history around it
Executive cases settle on the strength of the file: the offer letter and amendments, the equity grants, the company’s prior pattern with similarly situated executives, the board minutes, and the communications between the executive and the board or compensation committee. Dane represents executives, founders, and companies in Reno, Nevada, and California disputes — and routinely coordinates with tax counsel because the right damages number depends on getting Section 409A and equity treatment right.
Frequently Asked Questions
Executive contract disputes — frequently asked questions
Is severance enforceable if it’s only mentioned in an offer letter, not a separate agreement?+
Often yes. Nevada and California courts treat offer letters as binding contracts when they include the essential terms. The dispute usually centers on whether the termination triggered the severance — for-cause vs. without-cause language is heavily litigated.
What is ‘for cause’ termination under Nevada law?+
There is no statutory definition — ‘for cause’ means whatever the contract defines. Most executive agreements list specific bad acts (felony, fraud, material breach of duty). If the contract doesn’t define it, Nevada courts apply a reasonableness standard.
Can I lose my equity if I’m fired?+
Depends on the equity-plan documents. Most plans treat unvested equity as forfeited on termination, vested equity as preserved (but subject to post-termination exercise windows), and accelerated-vesting provisions only on certain events (death, disability, change of control).
Are non-compete clauses in executive agreements enforceable in Nevada?+
Sometimes — under NRS 613.195, with the same four requirements as any Nevada non-compete: valuable consideration, no greater restraint than necessary, no undue hardship, and proportional to the consideration. Senior executives are the most common category where Nevada courts uphold them. See our Non-Compete page.
What about California executives with Nevada employers?+
Cross-border cases turn on choice-of-law analysis. California Business and Professions Code §16600 voids most non-competes; Nevada enforces reasonable ones under NRS 613.195. Choice-of-law and forum-selection clauses get challenged often, and the result varies by court.